STATE Vs. RANGANATHA AND ORS.

JUDGEMENT

(1.) The Judgment & Order of acquittal dated 24.3.2011 passed by the Fast Track Court, Chitradurga in S.C. No. 121/2010 is called in question in this appeal by the State.

(2.) Case of the prosecution in brief is that both the accused and the deceased were known to one another and they were involved in masonry work; on 8.8.2010 the services of the deceased Bharathamma and the accused were engaged by Smt. Puttarangajji (P.W. 13) of Ranganathpur; after completion of the work, at about 5 p.m., the deceased invited the accused to her house for taking tea and accordingly, the accused followed the deceased; at 5.15 p.m. when the deceased was preparing tea in the kitchen, Accused No. 1 quietly came inside the kitchen and tried to outrage the modesty of the deceased; the deceased raised hue and cry; immediately Accused No. 2 also came inside the kitchen and having pronounced that since the deceased is raising hue and cry, she should be finished, Accused No. 1 poured kerosene on the victim and Accused No. 2 set her ablaze with the help of firewood; thereafter the accused fled away from the scene; since the deceased/victim raised hue and cry, the neighbours immediately rushed to the spot and extinguished the fire; in the meanwhile, P.W. 1 - Manikant (son of the deceased) also came to the house and saw the injured victim; P.W. 1 was informed by the victim that the accused has tried to commit her murder by setting her ablaze; immediately the victim was taken to Hiriyur Hospital in the first instance and thereafter at 8.30 p.m. on the same day, she was admitted to Chitradurga Government Hospital; the Medico Legal Intimation was sent by the hospital authorities of Hiriyur as well as Chitradurga to the Police; however the statement of the victim was recorded as per Ex. P8 on 11.8.2010 at about 4 p.m. by the Head Constable No. 210 (P.W. 14), based on which Crime No. 19/2010 came to be registered in Hiriyur Rural Police Station for the offences punishable under Ss. 354, 448, 307 r/w 34 of IPC against both the accused; during the course of investigation, another dying declaration was recorded by the Taluka Executive Magistrate as per Ex. P17 on 12.8.2010; the deceased ultimately succumbed to the injuries on 12.8.2010 at about 8.20 p.m.; Police after investigation of the crime laid the charge sheet against both the accused for the offences under Ss. 354, 302 r/w 34 of IPC.

(3.) In order to prove its case, the prosecution in all examined 18 witnesses and got marked 19 documents and 2 Material Objects. On behalf of the defence, one Exhibit was got marked. As mentioned supra, the trial Court acquitted the accused of all the offences with which they were charged by giving benefit of doubt in their favour.